Oklahoma 2025 Regular Session

Oklahoma Senate Bill SJR6 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	SENATE FLOOR VERSION
30		-	March 5, 2025
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 60th Legislature (2025)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR
35	34		SENATE JOINT
36		-	RESOLUTION ~~NO.~~ 6 By: Paxton ~~and Guthrie~~
	35	+	RESOLUTION 6 By: Paxton
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	39	+
	40	+	COMMITTEE SUBSTITUTE
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41	42		A Joint Resolution directing the Secretary of State
42	43		to refer to the people for their approval or
43	44		rejection the repeal of Section 3 of Article VII -B of
44	45		the Oklahoma Constitution, which relates to the
45	46		Judicial Nominating Commission, and the proposed
46	47		amendment to Sections 1, 2, and 4 of Article VII -B of
47	48		the Oklahoma Constitution; modifying applicabi lity of
48	49		certain provisions; modifying definition; adding
49	50		requirement for holding certain office; prohibiting
50	51		decrease of certain compensation; modifying certain
51	52		appointment procedure; requiring Senate confirmation
52	53		of certain judicial appointments; updating language;
53	54		making language gender neutral; providing ballot
54	55		title; and directing filing .
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59	60		BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
60	61		1ST SESSION OF THE 60TH OKLAHOMA LEGISLATURE:
61	62		SECTION 1. The Secretary of State shall refer to the people for
62	63		their approval or rejection, as and in the manner provided by law,
63	64		the repeal of Section 3 of Article VII -B and the following proposed
64	65		amendment to Sections 1, 2, and 4 of Article VII -B of the Oklahoma
65	66		Constitution to read as follows:
66		-	Section 1. (a) The A. On or after the effective date of this
67		-	resolution, the provisions of this Article shall govern the
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	93	+	Section 1. (a) The A. On or after the effective date of this
	94	+	resolution, the provisions of this Article shall govern the
95	95		selection and tenure of all Justices of the Supreme Court and Judges
96	96		of the Court of Criminal Appeals and the Court of Civil Appeals of
97	97		the State of Oklahoma, to which the provisions hereof may be
98	98		extended as hereinafter provided, other provisions of the
99	99		Constitution or statutes of the State of Oklahoma to the contrary
100	100		notwithstanding, and the provisions of Article VII as proposed by
101	101		House Joint Resolution No. 508 of the First Session of the Thirty -
102	102		first Oklahoma Legislature to the contrary notwithstanding.
103	103		(b) B. As used in this Section Article, “Judicial Office” means
104	104		the offices of Justice of the Supreme Court and Ju dges of the Court
105	105		of Criminal Appeals and Court of Civil Appeals and “Judicial
106	106		Officer” means a Justice or Judge o f each such court, excluding
107	107		retired or supernumerary Justices or Judges.
108	108		Section 2. A. At the general election next before his or her
109	109		term expires, any Judicial Officer may seek retention in office by
110	110		filing with the Secretary of State, not less than sixty (60) days
111	111		before the date of such election, a declaration of candidacy to
112	112		succeed himself or herself. Thereupon, at such election, th ere
113	113		shall be submitted to the qualified electors of the State this
114	114		state, on a separate ballot, without party designation, this
115	115		question:
116		-	“Shall (Here insert name of Justice or Judge) of (Here
117		-	insert the title of the court) be retained in Office? ”
118		-	□ YES
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	142	+	“Shall (Here insert name of Justice or Judge) of (Here
	143	+	insert the title of the court) be retained in Office? ”
	144	+	□ YES
146	145		□ NO
147	146		The question shall be decided by a majority of those voting
148	147		thereon. If the decision is “yes” the Judicial Officer shall be
149	148		retained in office for the next ensuing six (6) year six-year term.
150	149		If the decision is “no”, or if no declaration of candidacy is filed,
151	150		the office shall be vacant upon expiration of the term then being
152	151		served, and the former Judicial Officer shall not be eligible for
153	152		appointment to succeed himself or herself. Retention in office may
154	153		be sought for successive terms without limit as to number, except
155	154		for retirement as may be provided by the Legislature for a maximum
156	155		retirement age.
157	156		B. Subject to subsection (c) of Section 11 of Article VII of
158	157		the Oklahoma Constitution, Judicial Officers appointed or retained
159	158		pursuant to this Article on or after the effective date of this
160	159		resolution shall hold their offices during good behavior, and shall,
161	160		at stated times, receive a compensation for their services which
162	161		shall not be diminished during their continuance in office.
163	162		Section 4. When a vacancy in any Judicial Office, however
164	163		arising, occurs or is certain to occur, the Judicial Nominating
165	164		Commission shall choose and submit to the Governor and the Chief
166	165		Justice of the Supreme Court three (3) nominees, each of whom has
167		-	previously notified the Commission in writing that he will serve as
168		-	a Judicial Officer if appointed. The the Governor shall appoint one
169		-	(1) of the nominees to fill the vacancy, but if he fails to do so
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	192	+	previously notified the Commission in writing that he will serve as
	193	+	a Judicial Officer if appointed. The the Governor shall appoint one
	194	+	(1) of the nominees to fill the vacancy, but if he fails to do so
197	195		within sixty (60) days the Chief Justice of the Supreme Court shall
198	196		appoint one (1) of the nominees, the appointment to be certified by
199	197		the Secretary of State nominate and, with the advice and consent of
200	198		the Senate, shall appoint a Judicial Officer. If the Senate is not
201	199		in session when a nomination is made, the Governor may call t he
202	200		Senate into special session to advise and consent on any such
203	201		nomination.
204	202		SECTION 2. The Ballot Title for the proposed Constitutional
205	203		amendment as set forth in SECTION 1 of this resolution shall be in
206	204		the following form:
207	205		BALLOT TITLE
208	206		Legislative Referendum No. ____ State Question No. ____
209	207		THE GIST OF THE PROPOSITION IS AS FOLLOWS:
210	208		This measure would amend Article 7 -B of the Oklahoma
211	209		Constitution. The me asure would amend Sections 1, 2, and 4 of
212	210		Article 7-B to establish a new process for appointing Supreme
213	211		Court Justices and Judges of the Court of Criminal Appeals and
214	212		Court of Civil Appeals to reflect the process established by the
215	213		United States Constitution. Judicial Officers appointed or
216	214		retained after the effective date of this resolution will serve
217	215		during good behavior. The Governor will nominate new Judicial
218		-	Officers, subject to confirmation by the Senate. The measure
219		-	would repeal Section 3 of Article 7 -B, which established the
220		-	Judicial Nominating Commission.
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	242	+	Officers, subject to confirmation by the Senate. The measure
	243	+	would repeal Section 3 of Article 7 -B, which established the
	244	+	Judicial Nominating Commission.
248	245		SHALL THE PROPOSAL BE A PPROVED?
249	246		FOR THE PROPOSAL — YES _____________
250	247		AGAINST THE PROPOSAL — NO _____________
251	248		SECTION 3. The President Pro Tempore of the Senate shall,
252	249		immediately after the passage of this resolution, prepare and file
253	250		one copy thereof, including the Ballot Title set forth in SECTION 2
254	251		hereof, with the Secretary of State and one copy with the Attorney
255	252		General.
256		-	~~COMMITTEE REPORT BY: COMMITTEE ON RULES~~
257		-	~~March~~ 5, 2025 ~~- DO PASS AS AMENDED BY CS~~
	253	+
	254	+	60-1-1825 TEK 3/5/2025 9:52:02 AM